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Case TitleCenter for Popular Democracy v. Board of Governors of the Federal Reserve System
DistrictEastern District of New York
CityBrooklyn
Case Number1:2016cv05829
Date Filed2016-10-19
Date ClosedOpen
JudgeJudge Nicholas G. Garaufis
PlaintiffCenter for Popular Democracy
Case DescriptionThe Center for Popular Democracy submitted a FOIA request to the Federal Reserve for information about the reappointment of ten Reserve Bank presidents in 2016, as well as other information about the agency's policies for appointing Reserve Bank presidents. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, the Center for Popular Democracy filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantBoard of Governors of the Federal Reserve System
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-191COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Board of Governors of the Federal Reserve System filing fee $ 400, receipt number 0207-9002102 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Center for Popular Democracy. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit) (Brown, Eric) (Entered: 10/19/2016)
2016-10-21Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 10/21/2016)
2016-10-212In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 10/21/2016)
2016-10-213This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 10/21/2016)
2016-10-214Summons Issued as to Board of Governors of the Federal Reserve System, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 10/21/2016)
2016-11-015SUMMONS Returned Executed by Center for Popular Democracy. Board of Governors of the Federal Reserve System served on 10/25/2016, answer due 11/26/2016. (Brown, Eric) (Entered: 11/01/2016)
2016-11-016CERTIFICATE OF SERVICE by Center for Popular Democracy re 1 Complaint, 4 Summons Issued as to USA (Brown, Eric) (Entered: 11/01/2016)
2016-11-227Consent MOTION for Extension of Time to File Answer or Otherwise Move with Respect to the Complaint by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 11/22/2016)
2016-11-22ORDER: 7 Motion for Extension of Time to Answer is hereby GRANTED. Board of Governors of the Federal Reserve System answer due 12/15/2016. Ordered by Magistrate Judge Steven M. Gold on 11/22/2016. (Gillespie, Saudia) (Entered: 11/22/2016)
2016-11-228SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on February 15, 2017 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 11/22/2016. (Attachments: # 1 Chambers Individual Rules) (Gillespie, Saudia) (Entered: 11/22/2016)
2016-12-159ANSWER to 1 Complaint, by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 12/15/2016)
2016-12-2110MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9154546. by Center for Popular Democracy. (Attachments: # 1 Notice of Motion, # 2 Affidavit in Support) (Chan, Connie) (Entered: 12/21/2016)
2016-12-21NOTICE: re 10 MOTION for Leave to Appear Pro Hac Vice. Counsel shall submit a Certificate of Good Standing (using the ECF Event "Letter") which has been issued within thirty (30) days of filing as required by Local Rule 1.3 (Gillespie, Saudia) (Entered: 12/21/2016)
2017-01-0311Letter Certificate of Good Standing by Center for Popular Democracy (Chan, Connie) (Entered: 01/03/2017)
2017-01-04ORDER: 10 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Attorney Connie K. Chan shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 1/4/2017. (Gillespie, Saudia) (Entered: 01/04/2017)
2017-01-1812MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9213408. by Center for Popular Democracy. (Attachments: # 1 Notice of Motion, # 2 Affidavit in Support) (Berzon, Stephen) (Entered: 01/18/2017)
2017-01-1813MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9213450. by Center for Popular Democracy. (Attachments: # 1 Notice of Motion, # 2 Affidavit in Support) (Weissglass, Jonathan) (Entered: 01/18/2017)
2017-01-18ORDER: 12 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Counsel Stephen Paul Berzon shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 1/18/2017. (Gillespie, Saudia) (Entered: 01/18/2017)
2017-01-18ORDER: 13 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Counsel Jonathan David Weissglass shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 1/18/2017. (Gillespie, Saudia) (Entered: 01/18/2017)
2017-01-3014NOTICE of Appearance by Stephen Paul Berzon on behalf of Center for Popular Democracy (notification declined or already on case) (Berzon, Stephen) (Entered: 01/30/2017)
2017-01-3015NOTICE of Appearance by Jonathan David Weissglass on behalf of Center for Popular Democracy (notification declined or already on case) (Weissglass, Jonathan) (Entered: 01/30/2017)
2017-01-3016NOTICE of Appearance by Connie K. Chan on behalf of Center for Popular Democracy (notification declined or already on case) (Chan, Connie) (Entered: 01/30/2017)
2017-02-0617Consent MOTION to Adjourn Conference scheduled for February 15, 2017 by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 02/06/2017)
2017-02-07ORDER: 17 Motion to Adjourn Conference is hereby GRANTED. The initial conference previously scheduled for February 15, 2017 is adjourned to April 4, 2017 at 3:30 p.m. in courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 2/7/2017. (Gillespie, Saudia) Modified TIME OF CONFERENCE on 2/7/2017 (Gillespie, Saudia). (Entered: 02/07/2017)
2017-02-07Set/Reset Hearings: Initial Conference set for April 4, 2017 3:30 p.m. in Courtroom 13D South before Magistrate Judge Steven M. Gold. (Gillespie, Saudia) (Entered: 02/07/2017)
2017-04-04SCHEDULING ORDER: Due to a scheduling conflict, the initial conference scheduled for today at 3:30 p.m. is adjourned to 5:30 p.m. this evening. Ordered by Magistrate Judge Steven M. Gold on 4/4/2017. (Kaufman, Zachary) (Entered: 04/04/2017)
2017-04-0418Minute Entry: Initial Conference Hearing held on 4/4/2017 before Magistrate Judge Steven M. Gold. Chan for plaintiff, Cortes for defendant. the case management schedule proposed by the parties, calling among other things for defendant to provide a Vaughn index by April 28 and adequacy of search declaration by May 16, is approved. Plaintiff will notify defendant by June 2 whether discovery demands will be made, and any motion to compel will be brought by June 30 if there is a dispute. THE COURT WILL HOLD A CONFERENCE AT 3:00 PM ON JUNE 28. The parties will submit a joint letter by June 16, identifying the issues they intend to raise at the June 28 conference and indicating whether they prefer to appear in person or by telephone. (Gillespie, Saudia) (Entered: 04/06/2017)
2017-06-1619Joint MOTION to Adjourn Conference and to Amend Schedule for Raising Discovery Disputes, and Joint Status Letter Updating the Court on the Status of the Action by Board of Governors of the Federal Reserve System. (Cortes, Edwin) (Entered: 06/16/2017)
2017-06-16ORDER: The joint application 19 to amend the scheduling order previously entered in this case is granted. Defendant shall file supplemental search declarations by July 21, 2017, plaintiff will notify defendant if it seeks discovery, and the parties will file a joint status report by August 18, 2017. THE CONFERENCE PREVIOUSLY SET FOR JUNE 28 IS ADJOURNED WITHOUT DATE, AND WILL BE RESCHEDULED AFTER THE AUGUST 18, 2017 STATUS REPORT IS RECEIVED. Ordered by Magistrate Judge Steven M. Gold on 6/16/2017. (Gillespie, Saudia) (Entered: 06/16/2017)
2017-08-1820STATUS REPORT Joint Status Letter by Center for Popular Democracy (Chan, Connie) (Entered: 08/18/2017)
2017-08-21ORDER: The parties shall either file a form consenting to the reassignment of this action for all purposes to the undersigned Magistrate Judge or seek a pre-motion conference in the manner provided in the chambers practices of United States District Judge Garaufis. Ordered by Magistrate Judge Steven M. Gold on 8/21/2017. (Gillespie, Saudia) (Entered: 08/21/2017)
2017-08-2521Letter submitted jointly requesting that the Court approve the parties' proposed summary judgment briefing schedule by Board of Governors of the Federal Reserve System (Cortes, Edwin) (Entered: 08/25/2017)
2017-08-25ORDER: The parties' 21 joint request that the court waive its pre-motion conference requirement is DENIED, as the parties have not provided the court with any reasons as to why this requirement should be waived. The parties are DIRECTED to confer and contact the court's Deputy at 718-613-2545 to schedule a pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 8/25/2017. (Weigel, Jessica) (Entered: 08/25/2017)
2017-09-2522Motion to Appear by Telephone and [Proposed] Order by Center for Popular Democracy. (Chan, Connie) (Entered: 09/25/2017)
2017-09-27ORDER re Plaintiff's 22 Application to Appear by Telephone; the Application is granted. Ordered by Judge Nicholas G. Garaufis on 9/27/2017.(Pressman, Michael) (Entered: 09/27/2017)
2017-10-0523Motion to Appear by Telephone and [Proposed] Order by Center for Popular Democracy. (Weissglass, Jonathan) (Entered: 10/05/2017)
2017-10-10ORDER re Plaintiff's 23 Application to Appear by Telephone; the Application is granted. Ordered by Judge Nicholas G. Garaufis on 10/10/2017. (Pressman, Michael) (Entered: 10/10/2017)
2017-10-12Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 10/11/2017. Counsel for Defendant in person, counsel for Plaintiff present via telephone. The court granted the parties leave to cross-move for summary judgment and set the following briefing schedule: Defendant's motion for summary judgment is due on December 11, 2017; Plaintiff's cross-motion for summary judgment and opposition to Defendant's motion are due on February 9, 2018; Defendant's reply in support of its motion, if any, and opposition to Plaintiff's cross-motion are due on March 26, 2018; and Plaintiff's reply in support of its motion, if any, is due on May 10, 2018. The court encouraged the parties to confer and contact Magistrate Judge Steven M. Gold to discuss settlement. (Court Reporter Lisa Schmid.) (Pressman, Michael) (Entered: 10/12/2017)
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by FOIA Project Staff